AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 unlimited time to bring civil actions, for tolling
4 limitations of civil actions, for unlimited time to bring
5 criminal actions and for limitation of serious criminal
6 actions.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 5531 of Title 42 of the Pennsylvania
10 Consolidated Statutes is amended by adding a paragraph to read:
11 § 5531. No limitation.
12 The following actions and proceedings may be commenced at any
13 time notwithstanding any other provision of this subchapter
14 except section 5521 (relating to limitations on foreign claims):
15 * * *
16 (4) An action for childhood sexual abuse. As used in 17 this paragraph, the following words and phrases shall have

1 the following meanings: 2 "Childhood sexual abuse." Includes the following: 3 (i) Any of the following sexual activities between a 4 minor and an adult, if the individual bringing the civil 5 action engaged in the activity as a result of forcible 6 compulsion or by threat of forcible compulsion which 7 would prevent resistance by a person of reasonable 8 resolution: 9 (A) Sexual intercourse, which includes 10 penetration, however slight, of any body part or 11 object into the sex organ of another. 12 (B) Deviate sexual intercourse, which includes 13 sexual intercourse per os or per anus. 14 (C) Indecent contact, which includes any 15 touching of the sexual or other intimate parts of the 16 person for the purpose of arousing or gratifying 17 sexual desire in either person. 18 (D) An action which constitutes an offense under 19 any of the following provisions of 18 Pa.C.S.: 20 Section 3121 (relating to rape). 21 Section 3122.1 (relating to statutory sexual 22 assault). 23 Section 3123 (relating to involuntary deviate 24 sexual intercourse). 25 Section 3124.1 (relating to sexual assault). 26 Section 3124.2 (relating to institutional 27 sexual assault). 28 Section 3125 (relating to aggravated indecent 29 assault). 30 Section 3126 (relating to indecent assault).
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1 Section 3127 (relating to indecent exposure). 2 Section 4302 (relating to incest). 3 Section 6312 (relating to sexual abuse of 4 children). 5 "Forcible compulsion." As defined in 18 Pa.C.S. § 3101 6 (relating to definitions). 7 Section 2. Section 5533(b)(2) of Title 42 is amended to
8 read:
9 § 5533. Infancy, insanity or imprisonment.
10 * * *
11 (b) Infancy.--
12 * * *
13 [(2) (i) If an individual entitled to bring a civil
14 action arising from childhood sexual abuse is under 18
15 years of age at the time the cause of action accrues, the
16 individual shall have a period of 12 years after
17 attaining 18 years of age in which to commence an action
18 for damages regardless of whether the individual files a
19 criminal complaint regarding the childhood sexual abuse.
20 (ii) For the purposes of this paragraph, the term
21 "childhood sexual abuse" shall include, but not be
22 limited to, the following sexual activities between a
23 minor and an adult, provided that the individual bringing
24 the civil action engaged in such activities as a result
25 of forcible compulsion or by threat of forcible
26 compulsion which would prevent resistance by a person of
27 reasonable resolution:
28 (A) sexual intercourse, which includes
29 penetration, however slight, of any body part or
30 object into the sex organ of another;
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1 (B) deviate sexual intercourse, which includes
2 sexual intercourse per os or per anus; and
3 (C) indecent contact, which includes any
4 touching of the sexual or other intimate parts of the
5 person for the purpose of arousing or gratifying
6 sexual desire in either person.
7 (iii) For purposes of this paragraph, "forcible
8 compulsion" shall have the meaning given to it in 18
9 Pa.C.S. § 3101 (relating to definitions).]
10 Section 3. Section 5551 of Title 42 is amended by adding a
11 paragraph to read:
12 § 5551. No limitation applicable.
13 A prosecution for the following offenses may be commenced at
14 any time:
15 * * *
16 (6) An offense under any of the following provisions of 17 18 Pa.C.S. if the victim is under 18 years of age: 18 Section 3121 (relating to rape). 19 Section 3122.1 (relating to statutory sexual 20 assault). 21 Section 3123 (relating to involuntary deviate sexual 22 intercourse). 23 Section 3124.1 (relating to sexual assault). 24 Section 3124.2 (relating to institutional sexual 25 assault). 26 Section 3125 (relating to aggravated indecent sexual 27 assault). 28 Section 3126 (relating to indecent assault). 29 Section 3127 (relating to indecent exposure). 30 Section 4302 (relating to incest).
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1 Section 6312 (relating to sexual abuse of children). 2 Section 4. Section 5552(b.1), (c)(3) and (c.1) of Title 42,
3 amended July 7, 2006 (P.L.378, No.81) and November 29, 2006
4 (P.L.1581, No.179), are amended to read:
5 § 5552. Other offenses.
6 * * *
7 (b.1) Major sexual offenses.--[A] Except as set forth in 8 section 5551(6) (relating to no limitation applicable), a 9 prosecution for any of the following offenses under Title 18
10 must be commenced within 12 years after it is committed:
11 Section 3121 (relating to rape).
12 Section 3122.1 (relating to statutory sexual
13 assault).
14 Section 3123 (relating to involuntary deviate sexual
15 intercourse).
16 Section 3124.1 (relating to sexual assault).
17 Section 3125 (relating to aggravated indecent
18 assault).
19 Section 4302 (relating to incest).
20 [Section 6312 (relating to sexual abuse of
21 children).]
22 (c) Exceptions.--If the period prescribed in subsection (a),
23 (b) or (b.1) has expired, a prosecution may nevertheless be
24 commenced for:
25 * * *
26 [(3) Any sexual offense committed against a minor who is
27 less than 18 years of age any time up to the later of the
28 period of limitation provided by law after the minor has
29 reached 18 years of age or the date the minor reaches 50
30 years of age. As used in this paragraph, the term "sexual
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1 offense" means a crime under the following provisions of
2 Title 18 (relating to crimes and offenses):
3 Section 3121 (relating to rape).
4 Section 3122.1 (relating to statutory sexual
5 assault).
6 Section 3123 (relating to involuntary deviate sexual
7 intercourse).
8 Section 3124.1 (relating to sexual assault).
9 Section 3125 (relating to aggravated indecent
10 assault).
11 Section 3126 (relating to indecent assault).
12 Section 3127 (relating to indecent exposure).
13 Section 4302 (relating to incest).
14 Section 4304 (relating to endangering welfare of
15 children).
16 Section 6301 (relating to corruption of minors).
17 Section 6312(b) (relating to sexual abuse of
18 children).
19 Section 6320 (relating to sexual exploitation of
20 children).]
21 (c.1) Genetic identification evidence.--Notwithstanding any
22 provision of law to the contrary, if evidence of [a misdemeanor
23 sexual] an offense [set forth in subsection (c)(3)] under 18 24 Pa.C.S. § 3126 (relating to indecent assault) or 3127 (relating 25 to indecent exposure) or a felony offense is obtained containing
26 human deoxyribonucleic acid (DNA) which is subsequently used to
27 identify an otherwise unidentified individual as the perpetrator
28 of the offense, the prosecution of the offense may be commenced
29 within the period of limitations provided for the offense or one
30 year after the identity of the individual is determined,
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